End user licence agreement

If you obtain a licence to use our products or services (the “products”), then in addition to the provisions of the “guardsix general terms of service”, these additional terms will apply to your use of the products. If there are any discrepancies between the “guardsix general terms” and these additional terms, these additional terms will prevail.

The terms of the end-ser licence agreement

This end user licence agreement (the “agreement”) is an agreement between the person, company or organisation (the “licensee”) that has obtained a licence for the products and guardsix A/S (the “licensor”). By installing and/or using the products, the licensee accepts the licence of the products and agrees to the terms of this agreement. The terms of the agreement will govern new and/or updated versions of the products installed according to the licensor’s instructions or in connection with an error correction.

Definitions

“Confidential information” shall mean the products, all documentation, all information, data, drawings, trade secrets, source codes and readable information regarding the products, and all information of an intellectual property nature.

“Documentation” shall mean all online help files or written manuals and instructions regarding the use of the products.

“Products” shall mean guardsix, which comprises software programmes developed for Security Information and Event Management, Network and Application Monitoring, and File Integrity Checking.

Right of use

Upon the licensee’s acceptance of this agreement and payment of the agreed licence fee, the licensor grants to the licensee, for the term of this agreement, a non-exclusive, non-transferable licence to use multiple copies of the products and the documentation on multiple servers/virtual servers, but restricted to the collection of logs from devices defined by IP address, generating logs as agreed by the definition of the licence fee.

The licensee does not acquire any ownership rights of and/or other rights under this agreement, as the products, together with any related source codes and other rights, belong to the licensor.

The licence may only be used to the extent and purpose for which it is acquired and may only be used by the licensee, employees of the licensee or consolidated companies of the licensee. The products may only receive logs from the number of IP addresses agreed under the definition of the licence fee unless otherwise agreed.

The licensee is obliged to cease all use of the products upon the expiry of this agreement and to uninstall the products.

 

Non-Transferability

The licence to the products is non-transferable and the licensee therefore cannot transfer the licence to the products to any third party by sale, pledge, lease, rent, loan or similar means. In the event of a merger, demerger or takeover of the licensee, the new legal entity shall enter into this agreement.

Copying

The licensee is only entitled to make back-up copies of the products that are necessary for the licensee’s use of the products and for compliance with reasonable IT security procedures, always subject to the terms of this agreement. The licensee is entitled to make ongoing back-ups of its own downloaded data in connection with its use of the products.

The products are protected intellectual property and the licensee is not – except as expressly permitted in this agreement – entitled to copy, decompile, reverse engineer, disassemble, attempt to derive source code from, modify or create derivative works of the products or of any confidential information submitted to the licensee as a result of this agreement.

The licensee is obliged to work actively to prevent employees, contract partners and others from copying, decompiling, reverse engineering, disassembling, attempting to derive source code from, modifying or creating derivative works of the products or of confidential information submitted under this agreement.

Intellectual property right

The licensee acknowledges that (a) the products and documentation are proprietary to and constitute trade secret information of the licensor; (b) the licensor is the owner of the products and all intellectual property rights vested therein, including but not limited to copyright, trade mark rights and design rights; and (c) title and ownership rights to the products shall at all times remain with the licensor.

The licensee shall not in any way use, directly or indirectly, the name, logo or other marks of the licensor, including but not limited to the names, logos and marks: guardsix. In addition, the licensee is not entitled to label any of its products or services as a guardsix review unless accepted by the licensor.

Disclaimer of warranty and limitation of liability

The licensee accepts that the products are delivered “as is” and without warranty unless expressly described in this agreement.

The licensor disclaims any responsibility for the use of the products in any manner or for any purpose other than that prescribed by the licensor, and further disclaims responsibility for software compatibility with the licensee’s internal systems. Furthermore, the licensor does not warrant that the products will meet the requirements or expectations of the licensee. Finally, the licensor does not warrant that the products will be uninterrupted, timely, secure or free from errors, or that the products will be accurate or reliable.

The licensor shall not be liable for any direct or indirect loss or consequential damages suffered by the licensee, including operational losses, loss of earnings, loss of data, business interruption, interest loss or any other commercial damages or losses arising out of or related to the licensee’s use of or inability to use the products and associated services.

The licensee agrees that the licensor’s liability for damages, if any, shall not exceed the charges paid to the licensor by the licensee under this agreement. Any liability shall in any event be limited to the amount the licensor has received from the licensee for the last 12 months.

Confidentiality

The licensee shall not, even after termination of this agreement, use or disclose to any third party any confidential information or trade secrets of any kind that the licensee may legally or illegally acquire about the business of the licensor or about the products, except where such information is public knowledge, without prior written consent from the licensor.

Termination

This agreement will commence upon the licensee’s acceptance of its terms and will continue unless terminated by either party in accordance with the customer agreement between the licensee and the licensor or an authorised partner of the licensor regarding the purchase of the products.

If the licensee fails to comply with the terms of this agreement, the licensee’s rights under this agreement will terminate automatically without notice.

Upon termination of this agreement, by any party and for any reason, the licensee shall cease all use of the products, promptly uninstall, delete and destroy all copies of the products, including any software updates, delivered documentation, source codes, manuals and instructions, and certify in writing that all copies have been destroyed.

Law and venue

These terms and their governance, enforcement and performance will be governed, construed and applied in all respects in accordance with the laws of Denmark, without regard to any provisions governing conflicts of law.

In the event of any dispute arising under or in connection with these terms, such dispute will be referred to and resolved under the exclusive jurisdiction of the Danish courts.

Product development

To enable the licensor to continue development of the products, the licensee hereby grants to the licensor a fully paid, royalty-free, sublicensable licence to use, in an anonymised format, the information provided by the licensee and information regarding the licensee’s use of the products, for the purpose of product development, including any necessary use for external communication for the purposes of security research. For the avoidance of doubt, no confidential information of the licensee shall be disclosed by the licensor in relation thereto.

When using the products, the licensee should, insofar as possible, only provide non-personally identifiable data to the licensor. If the licensee’s use of the products requires the disclosure of personal data to the licensor, which will then be processed by the licensor as data processor on behalf of the licensee, the licensee must take necessary steps to pseudonymise such data insofar as possible. The licensee shall only provide personal data for processing by the licensor if specifically agreed, and is responsible for ensuring that such processing is subject to a data processing agreement (DPA) entered into between the licensee and the licensor.